Tuesday, July 30, 2013

A will or testament, commonly referred to as a last will and testament is a legal declaration explaining how an estate or property will be managed after the writer of the will, called the testator, dies.Creating a will gives you sole discretion over what will happen to your assets, letting you decide who gets what. Generally, a last will and testament should contain the name of the person who will be in charge, called the executor and ideally it will be typed or printed out, singed by the testator as well as witnesses. A last will and testament that reflects the wishes of a testator can provide the peace of mind that one's death will not cause additional, unnecessary stress and frustration for the most important people in one's life.

Monday, July 29, 2013

A conservatorship is a court proceeding that grants one or more people the authority to make financial or health care decisions for another because of a mental or physical incapacity that renders a person unable to make informed and sound decisions. A conservatorship can be over the person, the estate, or both. The person appointed by the court to make decisions is called the conservator, and the person about whom decisions will be made is called the conservatee. Conservators are generally family members or a professional conservatorship company and in some cases, the Public Guardian's office may be appointed. Regardless of who the conservator is, their duty is to act solely in the best interests of the conservatee. To insure this, court evaluation, supervision and monitoring of the conservatorship is established.

Saturday, July 27, 2013

It is a court process that helps appoint a person to protect and manage the financial affairs and/or the person's daily life due to being disabled. To become a conservator either the party intending to be the conservator or another loved one responsible for the adult will petition the court to appoint the conservator. Conservatorship can be both expensive and time consuming. This process can be avoided by doing a simple Financial Power of Attorney which takes minutes and is low cost. A guardianship may be needed also for the disabled person. The same person or a separate person can be named by the courts. The cost rises if both processes are needed.

Thursday, July 25, 2013

There are various resources that tell you how to start an LLC
business. But, there is a big difference between knowing and actually
doing the right thing. When you start an LLC business, it is important
to have a good grasp of why you are doing it. More than knowing how to
start the business, you have to find reason in why you are getting into
business in the first place. Here are some of the reasons that could
motivate you in starting your own LLC:

- To make money out of something that you enjoy doing

Locals
enjoy doing several things, but not everyone could profit from what
they do. If gardening in the backyard, for example, is a passion, you
might want to think about selling your harvest. You can always turn your
hobby into a small business and generate income from something you love
doing. As they say, if you enjoy what you are doing, it would not feel
like you are working. You can start an LLC business that you can operate
from your own home with your relatives and perhaps a small group of
friends as your members.

- To get a slice of the pie

Recent
years saw a surge in products marketed based on health benefits. The
green revolution has begun and this puts at an advantage being an
agricultural state. If other companies can sell health-based products,
so can you. Identifying a niche that has not been saturated yet will
give you a bigger chance of getting a bigger share of the pie so to
speak. This goal is enough to sustain your interest even after you start
an LLC business.

- To help the community

Did not earn the
nickname "The Volunteer State" for nothing. This sense of community can
be a source of profits as well. You can hit two birds with one stone
when you start an LLC business: you get to help your community and you
earn profits in the process. You can think about employing people from
your community too as a way of helping ease the unemployment rate in
your locality. On a more personal note, you will be helping the people
you employ put food on the table and send their kids to school.

- To be your own boss

This
sounds cliché but it is true. Most folks would love a life of
self-sufficiency and without having to be at the beck and call of
someone else out of fear of losing a job. It's also the best way to
regain whatever self-confidence you may have lost at the expense of some
power-trippers.

- To have a source of income because the day job is not enough

Those
who are employed do not necessarily get enough money to support all
their family's needs. Some have even taken pay cuts just to stay
employed. With a business, they can augment their incomes to bring home
more earnings. Putting up a small business like an LLC will give these
people another source of income stream that they can use to provide
their family's needs.

When you are clear about why you want to
start an LLC business, it is easier for you to stay on track towards
your business goals. All your action plans will have to revolve around
your motivation for doing business.

Wednesday, July 24, 2013

Setting up an LLC and other states has become a popular option
for many small business owners because of the many benefits it offers. A
limited liability company puts together the advantages of a sole
proprietorship, a partnership, and a corporation all in one business
entity. This means compete control, tax benefits, and limited liability.
The interest in LLCs continues to grow as more and more business owners
are able to realize its advantages over other business types.

Before
starting an LLC, there are some considerations that should be kept in
mind. Taking note of these considerations will ensure that the
processing of its registration with the appropriate government agencies
will go faster and smoother. When the paperwork is completed properly,
there will be no questions as to the LLC's legality.

First, the
members filing for LLC should decide on the name of the business. This
should meet the standards in LLC names set by the state government. To
know the availability and aptness of the name, the business name
database can be utilized for verification. Also, the name for an LLC can
be reserved for four months by filing an application as well.

The
next step is submitting the LLC's Articles of Organization. These
articles should include all the necessary information about the LLC such
as the name and address of LLC, its registered agent, and its duration.
Also, how the LLC will be managed and who will manage the LLC should be
stated in the Articles of Organization. Under the law, these are all
filed with the office of the Secretary of State through mail.

The
Operating Agreement should be processed after the filing of the Articles
of Organization. Though this is not required by the state's government,
it is still highly advisable. This is essential to define each member's
responsibilities and liabilities. With Operating Agreement, the members
can be protected from being personally liable if ever the business
becomes bankrupt. Aside from the statement of responsibilities and
liabilities, other information can be included as well. This includes
the business nature, concept, and mission statement.

Lastly,
business permits and licenses should be acquired. These vary depending
on state laws. The business licenses that need to be obtained depend on
the nature of the business and its location. Aside from that, the LLC
businesses are all required to submit annual reports. This is also
submitted to the Secretary of State on the designated date and can be
done through mail or online filing. Knowing about all these requirements
will help business owners keep track of their filing schedules to
ensure that they are always compliant with all the government's
documentation and reportorial requirements.

Thursday, July 18, 2013

BY THE PEOPLE of Fairfield has helped thousands of people in the Solano County Area since 2004. We have assisted people in preparing the paperwork for many different uncontested legal matters, and we can help you, too! We try to make each process as simple and fast as possible, as well as affordable. Our fees are a fraction of the cost that you would pay at an attorney’s office. Please call or stop in for more information. There is no cost or obligation to stop in and have an initial consultation with us. We offer a friendly and relaxed atmosphere at our office, which we think you will find very comfortable.

Tuesday, July 16, 2013

If you are having to go
through the Probate Process with the court, let BY THE PEOPLE help.

We may be able to assist
you in representing yourself, by preparing the documents needed, filing the
paperwork with the court, setting court dates, arranging for publication, and
many other steps needed to complete the process.

Our fees are 1% of the value of the estate(up to $3,500.00).
Any fees for the courts, probate referee, publication will be
extra.

Thursday, July 11, 2013

Rene goes over how a divorce does not always need to involve a full legal team. He explains the process of how By The People can help file the paperwork necessary for the courts. See more at http://www.bythepeopleca.com

Wednesday, July 10, 2013

Are BY THE PEOPLE Personnel attorneys? No, we are not attorneys. We are Legal Document Assistants. In California, we are a licensed and bonded profession.

What if I need legal advise?You
can always consult with an attorney of your choice. We can provide you
with a referral for an excellent local attorney who specializes in cases
similar to yours if you have questions we cannot answer for you, or
your situation is more complicated than our services are meant to help
with.

Do you have a Notary Public?Yes,
whenever we are open we have a Notary Public on staff. If you are a BY
THE PEOPLE customer, all Notarizations of your documents are included in
our fees. If you have documents not prepared by BY THE PEOPLE, we
charge $10.00 per signature you need notarized, in Cash Only. You must
sign the document in our presence and provide valid photo
identification.

Does BY THE PEOPLE handle Criminal Matters?No,
we only handle uncontested civil matters. However, if you would like to
contact us, we may be able to refer an excellent local attorney to you.

I need to have my documents prepared immediately. Do you have Rush or Same-Day document preparation services? Yes,
we can prepare certain documents within a few hours, if necessary. Rush
and Same-Day services are available for the following documents: Wills,
Powers of Attorney, Health Care Directives, Deeds, LLC and
Incorporation Articles. A modest Rush Fees will apply to these services.

How long will it take to prepare my documents?The
documents we prepare at BY THE PEOPLE are typed specifically at your
direction. All documents are then rigorously proofed to ensure you
receive the highest quality legal documents available anywhere. Most of
our documents are prepared and ready for you to sign within one week,
depending on your situation.

Wednesday, July 3, 2013

Many probate courts place entire wills and asset lists in public record or make them available online. Learn about what goes public in probate from an estate planning and probate lawyer in this free video on estate law.

Tuesday, July 2, 2013

Irrevocable living trusts are rare and mainly used to keep the IRS from taxing the death benefit of a life insurance policy. Learn the purpose of an irrevocable living trust from an estate planning and probate lawyer in this free video on estate law.

Monday, July 1, 2013

If you are a beneficiary in a will, you will most likely receive notice after the will is entered in probate court. Learn what to do if you have been named in a will from an estate planning and probate lawyer in this free video on estate law.